Assistance with legal questions about debt collection


Questioner

dear , I had a site at an internet company for 4 years, I paid for it every year, and in 2007 I cancelled this site! I do have the email confirmation from the internet company, in which they confirm this. In 2007 the company also moved from Roosendaal to another city. All domain names etc. had to be moved. In 2010 I suddenly received a bill from the internet company for 472 euros stating that I had not paid for my website for 3 years.?????? So I informed them that I will pay this because I already cancelled etc. So they called in the collection agency and in March 2011 I received my first letters from the collection agency. I also clearly explained to them that I had cancelled et, This correspondence ran until November 2011. After that, the internet company confirmed to me by telephone that my amount was not collectible. Now July 2012, I receive another letter from the collection agency that if I do not pay, I will go to court. My Questions : _ I have an email confirmation from the company that I cancelled in 2007. Isn't this enough proof? - Why didn't the internet company send me a payment slip every year stating that I had to pay something, but did they wait 3 years before sending an invoice?

Lawyer

An email confirmation may be used as evidence. Why the company waits 3 years I don't know and it's not really that important. In any case the claim has not expired yet. But don't be put off by the debt collection agency's decision to take the matter to court, because the chances of them doing so are slim and if they do, you have a completely plausible story and the email as evidence, so you have a good chance of success in legal proceedings. I therefore advise you to respond to the collection agency with the message that you no longer owe anything because you already cancelled the site in 2007.

Questioner

Dear Robert, Thank you for the answer My question now is, the collection agency also saw my email in which the company confirmed that I had already cancelled in 2007. Why do they continue to try to collect. For example, I have been asked if I had received a termination letter, etc.

Lawyer

The collection agency will probably only get paid if you pay or will get an amount per hour that they work on your case. So they will try everything to get you to pay. But if they have to go to court, they have to pay a bailiff and court costs (court fees). That is usually such a big hurdle that they will then drop out. Of course it is up to you, but I would dare to take the risk that they will not go to court or that the judge will rule in your favor.

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